Sec. 252.002. CRIMINAL OFFENSE. (a) Except as provided by Subsection (b), a person commits an offense if the person:

(1) intentionally releases, steals, destroys, or otherwise causes the loss of an animal or crop from an animal or crop facility without the consent of the owner or operator of the animal or crop facility;

(2) damages, vandalizes, or steals any property on or from an animal or crop facility;

(3) breaks and enters into an animal or crop facility with the intent to destroy or alter records, data, materials, equipment, animals, or crops; or

(4) enters or remains on an animal or crop facility with the intent to commit an act prohibited under this section.

(b) An actor's conduct described by Subsection (a) does not constitute an offense under this section if the actor causes a loss to the animal or crop facility in an amount less than $500.

(c) An offense under this section is:

(1) a Class B misdemeanor if the actor causes a loss to the animal or crop facility in an amount of at least $500 but not more than $2,500; or

(2) a Class A misdemeanor if the actor causes a loss to the animal or crop facility in an amount more than $2,500.

(d) Except as provided by Subsection (e), if conduct constituting an offense under this section also constitutes an offense under another provision of law, the person may be prosecuted under either this section or the other provision.

(e) If conduct that constitutes an offense under this section also constitutes a felony under Section 28.03 or 31.03, Penal Code, the actor may be prosecuted only under Section 28.03 or 31.03, Penal Code.

Added by Acts 2021, 87th Leg., R.S., Ch. 997 (H.B. 1480), Sec. 1, eff. September 1, 2021.